MD
MD

Michael Francis Delaney

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    5.0
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AV Preeminent

Licensed for 43 years

Serving Kansas City, MO

Areas of Law

  • Education Law
  • Employment Litigation
  • Labor and Employment
  • Traditional Labor
  • Construction
  • Associations

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Credentials

Position

Partner

Admission Details

Admitted in 1976, Missouri
Kansas

Bar Fellowship
of the Litigation Counsel of America. He is a member of the Wage & Hour Defense Institute. His biography has appeared in Marquis Who's Who in America, Who's Who in the World, Who's Who in American Law and Who's Who in Emerging Leaders. He has been selected by his peers to be listed in Best Lawyers in America: Labor Law - Management; Employment Law - Management; Employment Law - Individuals and Litigation: Labor & Employment and has been named a Missouri & Kansas Super Lawyer in Labor and Employment and Education Law since 2007. Mike has been recognized by Chambers USA as a leading attorney in labor and employment law and asa BTI Client Service All-Star. Mike has been named several times to the Human Resource Executive Magazine list of “The Nation's Most Powerful Employment Lawyers - Top 20 Labor Law.”

AREAS OF EMPHASIS

•Successful negotiation of dozens of collective bargaining agreements on behalf of management.
•Lead Labor Counsel on numerous corporate acquisitions and divestitures, including acquisition by client of extensive manufacturing operations in Kansas and Oklahoma, in complex transaction involving negotiations with multiple unions.
•Lead Counsel in successful defense of state and university officials in a lawsuit challenging the constitutionality of a Kansas statute authorizing certain non-resident students including undocumented aliens to pay in-state tuition.
•Lead Counsel on team that successfully represented a large metropolitan school district in its long running desegregation lawsuit, obtained approval of settlement with the State of Missouri, obtained and defended on appeal a declaration of “unitary status” on key aspects of the district's operations, and oversaw preparation and authored key sections of the district's transition plan to full unitary status.
•Lead Counsel defending two of the largest FLSA lawsuits brought by the U.S. Department of Labor claiming back wages, liquidated damages and injunctive relief in cases involving cash shortage deductions in the retail gasoline business and payment for “donning and doffing” time in the meat packing industry.
•Lead Counsel in successful challenge to the Missouri school finance formula.

PRESENTATIONS AND SPEAKING ENGAGEMENTS

•Section 13c Labor Updates - Southwest Transit Association - Transit Law Seminar
•NLRB Developments - Kansas SHRM Employment and Labor Law Conference
•An Overview of Federal Contracting Requirements for HR and Davis-Bacon Compliance - AGC of American Federal Contractors Compliance Construction HR Workshop
•Wage and Hour Compliance and Litigation from the Management Point of View - KCMBA FLSA Seminar
•Drug & Alcohol Testing of School Employees - Missouri School Boards Association Personnel Law Update
•Construction Jobsite Labor Disputes - American Bar Association, Forum on the Construction Industry Annual Meeting
•Compensation Practices: Change in Direction - Spencer Fane Britt & Browne LLP Annual Labor & Employment Law Seminar
•Retaliation Claims: Preventing & Defending Them - Spencer Fane Britt & Browne LLP Annual Labor & Employment Law Seminar
•Construction Industry Under The NLRA - ABA Labor & Employment Law Section NLRB Basics Program
•Public Sector Labor Relations - Missouri Council of School Attorneys Annual Conference
•Public Sector Bargaining - Missouri School Boards Association Annual Meeting
•Jury Trials, Juror's Perceptions and Their Impact on Employer Harassment Policies -Spencer Fane Britt & Browne LLP Annual Labor & Employment Law Seminar
•FLSA Compliance - UMKC School of Law CLE Heartland Labor & Employment Law Conference
•Class & Collective Actions - Kansas Bar Association Employment Law Institute
•Lecturer in Law - Employment Law - 2012; Labor Law, 2015, 1992; Collective Bargaining & Dispute Resolution 2016, 2014 - University of Kansas School of Law
•Wage & Hour Developments - Kansas City Compensation and Benefits Associations

DISTINCTIONS

•Fellow - College of Labor & Employment Lawyers
•Fellow - Litigation Counsel of America
•Named - 2012 HRE Magazine “Nation's Most Powerful Employment Attorneys - Labor”
•Named - 2011 HRE Magazine “Nation's Most Powerful Employment Attorneys-Top 100”
•Named - 2010 HRE Magazine “Nation's Most Powerful Employment Attorneys-Top 10 for Labor Law”
•Profiled - Chambers USA
•Client Service All Star - BTI Client Service All Star Team
•Listed - Marquis Who's Who in America
•Listed - Marquis Who's Who in the World
•Listed - Marquis Who's Who in American Law
•Listed - Marquis Who's Who in Emerging Leaders
•Recipient - James Woods Green Medallion, University of Kansas School of Law
•Former Member, Board of Governors, University of Kansas School of Law
•Former Chair - Spencer Fane Labor & Employment Group
•Former Member - Spencer Fane Executive Committee
•Kansas City Tomorrow Year VI
•Selected for inclusion in Missouri & Kansas Super Lawyers, 2007-2015
•Listed in Best Lawyers, Labor Law - Management; Employment Law & Management; Employment Law: Individuals; Litigation: Labor & Employment

Publications

October 19, 2012

Supreme Court Finds Pharmaceutical Representatives Exempt From Overtime

In Christopher v. Smithkline Beecham Corp., --- U.S. ---, 2012 WL 2196779 (2012), the Supreme Court of the United States held that pharmaceutical sales representatives qualify as “outside salesmen” and are therefore exempt from the overtime pay requirements of the Fair Labor Standards Act (“FLSA”). In addition to being welcome news for pharmaceutical companies, this case may be a harbinger of less judicial deference to regulatory agencies under certain circumstances.

September 5, 2012

Top Tips: What to do When Litigation Happens

Doug Weems discusses what to do when litigation happens. Although litigation risks can be minimized, litigation is a fact of life in the United States. Here are some suggested steps to take if you or your company is sued.

July 31, 2012

**Update** - Minimum Wage Ballot Measure Stopped

Despite a win at the Missouri Supreme Court on the procedure to get a ballot measure on the November 2012 election ballot, the Missouri Secretary of State ruled that the ballot measure failed to get enough signatures and would not be on the ballot after all.

July 2, 2012

Historical Happenings: Civil Rights Act of 1964 Turns 48 Years Old

The Civil Rights Act was enacted on July 2, 1964. A landmark piece of legislation, the Act outlawed major forms of discrimination against minorities and women, including racial segregation.

June 6, 2012

Missouri Appeals Court Upholds Representation of Thousands of Public Employees By Single Union

There has been much discussion in the past months about the National Labor Relations Board's decision in Specialty Healthcare, 357 NLRB No. 83 (2011), and its possible implications for certification of smaller “micro” bargaining units in the private sector. (For more information read: National Labor Relations Board Starts New Year with Full Board Membership Following Aggressive Recent History: But Will It Last?; NLRB Alert: Expansion of Protections for Non-Union Employees ). In the wake of that decision, the Missouri Western District Court of Appeals recently took a giant step in the other direction, handing down a ruling clearing the last obstacles standing in the way of the certification of a very large bargaining unit of Missouri public employees.

Experience

Termination Rights Protected

Spencer Fane convinces jury that employer's rights should be preserved.

News

August 18, 2016

“Best Lawyers in America” Recognizes 47 Spencer Fane Attorneys

Spencer Fane is pleased to announce that 47 of the firm's attorneys have been selected for inclusion in the 2017 edition of Best Lawyers in America. Attorneys are recognized in their respective practice areas ranging from white collar criminal defense and environmental litigation to bankruptcy and tax law.

August 17, 2015

'Best Lawyers in America' Recognizes 41 Spencer Fane Attorneys

Spencer Fane is pleased to announce that 41 of the firm's attorneys have been selected for inclusion in the 2016 edition of Best Lawyers in America. Attorneys are recognized in their respective practice areas ranging from white collar criminal defense and environmental litigation to bankruptcy and tax law. Member:

MEMBERSHIPS

•American Bar Association
•College of Labor and Employment Lawyers (former member 10th Circuit Credentials Committee)
•Litigation Counsel of America
•Trial Law Institute
•Wage & Hour Defense Institute
•American Employment Law Council
•Missouri Council of School Attorneys (2011 President)
•Education Law Association
•Kansas City Metropolitan Bar Association
•Associated Builders & Contractors, Inc., Heart of America Chapter (former member Board of Directors)